Search Results for "Counter claim"

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Search Results for "Counter claim"

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High Court

Bombay High Court Partially Allows Section 34 Petition Against Arbitral Award Rejecting Counterclaims as Time-Barred. Court holds that limitation for counterclaims arising from same transaction as main claim is governed by Article 1 of Limitation Act, 1963, and that the arbitral tribunal erred in applying a strict three-year period from the date of termination without considering the continuing breach and the date of final bill.

1 Oct 2012

The petitioner, Rolta India Limited, filed two arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an in...

High Court

Bombay High Court Allows Appeal Against Setting Aside of Arbitral Award on Ground Not Raised by Petitioner. Court holds that a party cannot challenge an arbitral award on a ground that only aggrieves the opposite party, who has not challenged the award.

25 Feb 2013

The appeal arose from an order of a learned single Judge on a petition under Section 34 of the Arbitration and Conciliation Act, 1996 filed by the res...

High Court

Bombay High Court Sets Aside Arbitral Award for Non-Consideration of Counter Claim in NSEIL Dispute. Failure to consider counter claim amounts to legal misconduct and violation of natural justice under Section 34 of the Arbitration and Conciliation Act, 1996.

18 Sep 2012

The petitioner, Rajendra A. Shah (H.U.F.), a constituent, challenged an arbitral award dated 17th February 2009 passed by the Arbitral Tribunal consti...

High Court

Bombay High Court Sets Aside Arbitral Award for Lack of Reasons on Counterclaim and Limitation. Arbitrator Must Provide Sufficient Reasons When Rejecting Counterclaim on Limitation and Merits Under Section 34 of Arbitration and Conciliation Act, 1996.

28 Feb 2012

The petitioner, Arun T. Gujrathi, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit, Upholds Rejection of Plaint and Decree on Counterclaim. Court holds that rejection of plaint under Order VII Rule 11 CPC does not require notice to plaintiff and that counterclaim can be decreed ex parte if plaintiff fails to appear.

24 Feb 2010

The appellants, Smt. Vijaya Wd/o Vijay Vitthalani and her minor children, filed a suit for specific performance of contract and injunction against the...

Supreme Court

Supreme Court Allows Wife's Appeal in Hindu Marriage Act Amendment Case, Permitting Counter-Claim for Declaration of Void Second Marriage. The Court held that delay in amendment application is not fatal under Order VI Rule 17 CPC when necessary to decide real controversy and avoid multiplicity of proceedings, and counter-claim for declaratory relief under Section 23A Hindu Marriage Act, 1955, is permissible in divorce petition.

7 Oct 2021

The dispute arose from a marriage solemnized on 1.3.1987 between the appellant-wife and respondent-husband under Hindu rites, with a child born on 3.5...

High Court

High Court of Karnataka considers appeal under Section 96 CPC against trial court's dismissal of suit for permanent injunction and grant of possession to defendants. Trial court held counterclaim for possession maintainable without separate declaration and that plaintiffs failed to prove lawful possession.

27 Jan 2020

The plaintiffs filed a suit for permanent injunction to restrain the defendants from alienating, demolishing, or dispossessing them from the suit sche...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Stock Broker Dispute — No Interference Under Section 34 of Arbitration Act as Award is Not Perverse or Contrary to Public Policy. Court upholds arbitral tribunal's concurrent findings rejecting both claim and counterclaim for lack of evidence.

18 Sep 2012

The petitioner, Ventura Securities Ltd., a member of the National Stock Exchange of India Ltd. (NSEIL) and Bombay Stock Exchange Limited (BSEL), was a...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Television Production Dispute — Rejects Claim for Loss of Reputation. Court upholds arbitral tribunal's finding that claimant failed to prove loss of reputation due to alleged breach of contract.

8 May 2015

The petitioners, Star India Private Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral ...

High Court

High Court of Gujarat Allows Appeal in Contract Dispute — Remands for Fresh Trial Due to Improper Issue Framing. Trial court's failure to frame proper issues and appreciate evidence regarding delay in construction contract warrants remand for fresh adjudication of suit and counterclaim.

25 Mar 2026

The present first appeal arises from a judgment and decree dated 8th March 2000 passed by the learned Second Joint Civil Judge (SD), Kachchh at Bhuj, ...

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